H.F. 2246 Section 1. NEW SECTION . 91F.1 Title. 1 This chapter shall be known and may be cited as the “Healthy 2 and Safe Family and Workplace Act” . 3 Sec. 2. NEW SECTION . 91F.2 Public policy. 4 It is the public policy of this state to protect public 5 health and safety and to promote the general welfare of its 6 citizens. To accomplish this, the state supports employers’ 7 efforts to encourage employees to work when they are healthy 8 and protects the basic workplace rights of workers to safeguard 9 public health by remaining home when they are ill. 10 Sec. 3. NEW SECTION . 91F.3 Definitions. 11 1. “Commissioner” means the labor commissioner appointed 12 pursuant to section 91.2, or the commissioner’s designee. 13 2. “Domestic abuse” includes domestic abuse as defined in 14 section 236.2 and domestic abuse assault as defined in section 15 708.2A. 16 3. “Employee” means an employee as defined in the federal 17 Fair Labor Standards Act of 1938, 29 U.S.C. §201 et seq., as 18 amended, who is employed in this state for compensation. 19 4. “Employer” means any person who employs an employee for 20 compensation in this state. 21 5. “Family member” means any individual related to an 22 employee by consanguinity or affinity including the following: 23 a. An employee’s spouse or domestic partner. 24 b. A child or foster child; stepchild; legal ward; a child 25 of a domestic partner; or a child to whom the employee stands 26 in loco parentis. 27 c. A parent or foster parent; stepparent; legal guardian; 28 or a person who stood in loco parentis to the employee when the 29 employee was a minor child. 30 d. A grandparent or spouse or domestic partner of a 31 grandparent. 32 e. A grandchild, foster grandchild, or stepgrandchild. 33 f. A sibling or foster sibling; stepsibling; or spouse or 34 domestic partner of a sibling, foster sibling, or stepsibling. 35 -1- LSB 5493HH (5) 86 je/nh 1/ 16

H.F. 2246 g. Any other individual related to the employee by 1 consanguinity or affinity or whose close association with the 2 employee is the equivalent of a familial relationship. 3 6. “Health care professional” means the same as defined in 4 section 135.157. 5 7. “Retaliatory personnel action” means discharge, 6 suspension, demotion, unfavorable reassignment, refusal to 7 promote, disciplinary action, or any other adverse action taken 8 by an employer against an employee. 9 8. “Sexual abuse” includes sexual abuse as defined in 10 section 709.1 and incest pursuant to section 726.2. 11 9. “Sick and safe time” means time that is compensated at 12 the same hourly rate and with the same benefits, including 13 health care benefits, as the employee normally earns during 14 hours worked and is provided by an employer to an employee for 15 the purposes described in section 91F.5. In no instance shall 16 the hourly wage be less than that provided in section 91D.1. 17 10. “Stalking” means the same as described in section 18 708.11. 19 Sec. 4. NEW SECTION . 91F.4 Accrual —— sick and safe time. 20 1. An employee shall have the right to accrue and use sick 21 and safe time as provided in this chapter. 22 2. a. For the first forty hours worked each work week, an 23 employee shall accrue sick and safe time equal to at least four 24 percent of the hours worked in that work week. 25 b. An employee shall not accrue more than eighty-three hours 26 of sick and safe time in a calendar year, unless the employer 27 selects a higher limit. 28 3. Employees who are exempt from overtime requirements 29 under section 13(a)(1) of the federal Fair Labor Standards Act 30 of 1938, 29 U.S.C. §213(a)(1), are deemed to work forty hours 31 in each work week for purposes of sick and safe time accrual 32 unless their normal work week is less than forty hours, in 33 which case sick and safe time accrues based upon that normal 34 work week. 35 -2- LSB 5493HH (5) 86 je/nh 2/ 16

H.F. 2246 4. Sick and safe time as provided in this section shall 1 begin to accrue upon the commencement of employment for new 2 employees hired on or after January 1, 2017, and for existing 3 employees beginning January 1, 2017. 4 5. An employee may use accrued sick and safe time beginning 5 on the thirtieth calendar day following commencement of the 6 employee’s employment. On and after the thirtieth calendar day 7 of employment, an employee may use sick and safe time as it 8 accrues. 9 6. Accrued sick and safe time shall be carried over for one 10 calendar year or fiscal year, whichever the employer designates 11 as a work year, subject to the limit described in subsection 12 2, paragraph “b” . 13 7. An employer with a leave policy that makes available an 14 amount of leave sufficient to meet the accrual requirements of 15 this section that may be used for the same purposes and under 16 the same conditions as sick and safe time under this chapter is 17 not required to provide additional sick and safe time beyond 18 the existing leave policy. 19 8. Nothing in this section shall be construed as requiring 20 financial or other reimbursement to an employee from an 21 employer upon the employee’s termination, resignation, 22 retirement, or other separation from employment for accrued 23 sick and safe time that has not been used. 24 9. a. If an employee is transferred to a separate division, 25 entity, or location, but remains employed by the same employer, 26 the employee is entitled to all sick and safe time previously 27 accrued, is entitled to use all accrued sick and safe time as 28 provided in this chapter, and shall continue to accrue sick and 29 safe time at the same rate or higher as before the transfer. 30 b. When there is a separation from employment and the 31 employee is rehired within six months of the separation by 32 the same employer, previously accrued sick and safe time not 33 used prior to the date of separation shall be reinstated. The 34 employee may use such accrued sick and safe time upon rehire, 35 -3- LSB 5493HH (5) 86 je/nh 3/ 16

H.F. 2246 and sick and safe time shall begin to accrue upon rehire. 1 10. At the employer’s discretion, the employer may advance 2 sick and safe time to an employee ahead of accrual of such time 3 by the employee. 4 Sec. 5. NEW SECTION . 91F.5 Use of sick and safe time —— 5 purposes —— procedures. 6 1. Sick and safe time shall be provided to an employee by an 7 employer for the following purposes: 8 a. An employee’s mental or physical illness, injury, or 9 health condition; an employee’s need for medical diagnosis, 10 care, or treatment of a mental or physical illness, injury, 11 or health condition; an employee’s need for preventive mental 12 health or medical care. 13 b. An employee’s need to care for a family member with a 14 mental or physical illness, injury, or health condition; an 15 employee’s need to care for a family member who needs medical 16 diagnosis, care, or treatment of a mental or physical illness, 17 injury, or health condition; an employee’s need to care for a 18 family member who needs preventive mental health or medical 19 care. 20 c. (1) Closure of the employee’s place of work by order of 21 a public official due to a public health emergency. 22 (2) An employee’s need to care for a family member whose 23 school or place of care has been closed by order of a public 24 official due to a public health emergency. 25 (3) An employee’s need to care for a family member when 26 public health authorities or a health care professional has 27 determined that the family member’s presence in the community 28 jeopardizes the health of others because of the family member’s 29 exposure to communicable disease, whether or not the family 30 member has actually contracted the communicable disease. 31 d. An employee’s need to be absent from work due to being 32 a victim of domestic abuse, sexual abuse, or stalking, or the 33 surviving family member of a murder victim, provided the leave 34 from work is to do one or more of the following: 35 -4- LSB 5493HH (5) 86 je/nh 4/ 16

H.F. 2246 (1) Seek medical attention for the employee or family member 1 to recover from physical or psychological injury or disability 2 caused by being a victim of domestic abuse, sexual abuse, or 3 stalking, or the surviving family member of a murder victim. 4 (2) Obtain services from a victim services organization. 5 (3) Obtain counseling from a licensed social worker, 6 marital and family therapist, mental health counselor, 7 psychologist, or psychiatrist. 8 (4) Seek relocation due to the domestic abuse, sexual abuse, 9 stalking, or murder. 10 (5) Take legal action, including reporting the crime to law 11 enforcement and preparing for or participating in any civil 12 or criminal legal proceeding related to or resulting from the 13 domestic abuse, sexual abuse, stalking, or murder. 14 e. An employee’s need to attend a school function of the 15 employee’s child, foster child, or stepchild. An employee 16 shall use no more than twenty hours of sick and safe time per 17 calendar year or fiscal year, whichever the employer designates 18 as a work year, for this purpose. 19 2. Sick and safe time shall be allowed upon the written or 20 oral request of an employee. When possible, the employee shall 21 include the expected duration of the employee’s absence in the 22 request. 23 3. When the use of sick and safe time is foreseeable, the 24 employee shall make a good faith effort to provide notice 25 of the need for such time to the employer in advance of the 26 use of the sick and safe time, and the employee shall make a 27 reasonable effort to schedule the use of sick and safe time in 28 a manner that does not unduly disrupt the operations of the 29 employer. 30 4. Accrued sick and safe time may be used in hourly 31 increments or in the smallest increment that the employer’s 32 payroll system uses to account for absences or use of time. 33 5. a. For sick and safe time that extends more than 34 three consecutive days, an employer may require reasonable 35 -5- LSB 5493HH (5) 86 je/nh 5/ 16

H.F. 2246 documentation that the sick and safe time is for the purposes 1 described in subsection 1. 2 (1) Documentation signed by a health care professional 3 indicating that sick time is necessary shall be considered 4 reasonable documentation. 5 (2) A police report indicating that the employee was a 6 victim of domestic abuse, sexual abuse, or stalking, or the 7 surviving family member of a murder victim; a court order; or a 8 signed statement from a victim and witness advocate affirming 9 that the employee is involved in legal action related to 10 domestic abuse, sexual abuse, stalking, or murder shall be 11 considered reasonable documentation. 12 b. An employer shall not require that the documentation 13 explain the nature of the health care or legal action that is 14 the reason for the use of sick and safe time or the details of 15 the domestic abuse, sexual abuse, stalking, or murder. 16 c. If an employer chooses to require documentation from 17 an employee for use of sick and safe time, the employer is 18 responsible for paying any costs charged to the employee by 19 a health care provider or other entity for providing the 20 specific documentation required by the employer. If the 21 employee has health insurance that covers any portion of the 22 costs of obtaining such documentation, the employer shall only 23 be responsible for paying costs that are not covered by the 24 employee’s health insurance. 25 6. An employer shall not require as a condition of allowing 26 sick and safe time under this chapter that the employee search 27 for or find a replacement worker to cover the hours during 28 which the employee will be using sick and safe time. 29 Sec. 6. NEW SECTION . 91F.6 Exercise of rights —— 30 retaliation prohibited. 31 1. An employer or any other person in the workplace shall 32 not interfere with, restrain, or deny the exercise of, or the 33 attempt to exercise, any right protected under this chapter. 34 2. An employer shall not take retaliatory personnel action 35 -6- LSB 5493HH (5) 86 je/nh 6/ 16

H.F. 2246 or discriminate against an employee because the employee has 1 exercised rights protected under this chapter. Such rights 2 include but are not limited to the following: 3 a. The right to use sick and safe time pursuant to this 4 chapter. 5 b. The right to file a complaint or inform any person about 6 any employer’s alleged violation of this chapter. 7 c. The right to cooperate with the commissioner in any 8 investigation of alleged violations of this chapter. 9 d. The right to inform any person of the person’s potential 10 rights under this chapter. 11 3. An employer’s absence control policy shall not count 12 sick and safe time taken pursuant to this chapter as an absence 13 that may lead to or result in discipline, discharge, demotion, 14 suspension, unfavorable reassignment, refusal to promote, or 15 any other adverse action. 16 4. The protections of this section shall apply to any person 17 who mistakenly but in good faith alleges a violation of this 18 section. 19 5. There is a rebuttable presumption of retaliation under 20 this section whenever an employer takes adverse action against 21 an employee within ninety days of when that employee has done 22 any of the following: 23 a. Filed a complaint with the commissioner or a court 24 alleging a violation of any provision of this chapter. 25 b. Informed any person about an employer’s alleged violation 26 of this chapter. 27 c. Cooperated with the commissioner or others in an 28 investigation or prosecution of any alleged violation of this 29 chapter. 30 d. Opposed any policy, practice, or act that is unlawful 31 under this chapter. 32 e. Informed any person of the person’s potential rights 33 under this chapter. 34 Sec. 7. NEW SECTION . 91F.7 Notice and posting. 35 -7- LSB 5493HH (5) 86 je/nh 7/ 16

H.F. 2246 1. An employer shall give notice to employees of the 1 following: 2 a. That employees are entitled to sick and safe time. 3 b. The accrual amounts of sick and safe time. 4 c. The terms of use of sick and safe time guaranteed under 5 this chapter. 6 d. The prohibition against retaliation against employees who 7 request or use sick and safe time. 8 e. Each employee has the right to file a complaint or 9 bring a civil action if sick and safe time as required by 10 this chapter is denied by the employer, or the employee is 11 retaliated against for requesting or taking sick and safe time. 12 2. a. An employer may comply with this section by supplying 13 each employee with a notice that contains all the information 14 required in subsection 1. 15 b. An employer may comply with this section by displaying a 16 poster and other informational materials in a conspicuous and 17 accessible place in each establishment where such employees 18 are employed which contains all the information required in 19 subsection 1. 20 3. An employer who willfully violates the notice and posting 21 requirements of this section shall be subject to a civil 22 penalty in an amount not to exceed one hundred dollars for each 23 separate offense. 24 Sec. 8. NEW SECTION . 91F.8 Damages recoverable by an 25 employee. 26 In an action by an employee against the employee’s employer 27 or former employer for an alleged violation of this chapter, 28 when it has been shown that the employer intentionally failed 29 to provide or allow the use of sick and safe time to the 30 employee in violation of this chapter, the employer shall be 31 liable to the employee for the monetary value of the owed sick 32 and safe time, plus liquidated damages for failure to allow the 33 employee to use accrued sick and safe time, court costs, and 34 any attorney fees incurred in the civil action. 35 -8- LSB 5493HH (5) 86 je/nh 8/ 16

H.F. 2246 Sec. 9. NEW SECTION . 91F.9 Employer records. 1 1. An employer shall retain records documenting hours 2 worked by employees and all leave, including sick and safe 3 time, taken by employees, for a period of five years. 4 2. An employer shall allow the commissioner access to such 5 records, with notice and at a mutually agreeable time, to 6 monitor compliance with the requirements of this chapter. 7 3. If an issue arises as to an employee’s entitlement to 8 sick and safe time under this chapter and the employer does not 9 maintain or retain adequate records according to this section 10 or does not allow the commissioner access to such records, the 11 commissioner or other investigating authority shall presume 12 that the employer has violated this chapter, absent clear and 13 convincing evidence otherwise. 14 Sec. 10. NEW SECTION . 91F.10 Enforcement. 15 1. Upon the written complaint of the employee involved, 16 the commissioner may determine whether to investigate if 17 an employer has violated any provision of this chapter. 18 The commissioner shall keep confidential, to the extent 19 permitted by applicable law, the name of and other identifying 20 information about the employee reporting the alleged violation. 21 However, the commissioner, with the authorization of the 22 complaining employee, may disclose the employee’s name and 23 other information as necessary to enforce this chapter or for 24 other appropriate purposes. 25 2. If for any reason the commissioner makes a determination 26 not to investigate, the commissioner shall notify the 27 complaining employee within fourteen days of receipt of 28 the complaint. The commissioner shall otherwise notify 29 the employee of the determination to investigate within 30 a reasonable time. If it is determined that there is an 31 enforceable claim, the commissioner, with the consent of the 32 complaining employee and with the assistance of the office 33 of the attorney general if the commissioner requests such 34 assistance, shall, unless a settlement is reached, commence a 35 -9- LSB 5493HH (5) 86 je/nh 9/ 16

H.F. 2246 civil action in any court of competent jurisdiction to recover 1 for the benefit of any employee any sick and safe time claims 2 that have been assigned to the commissioner for recovery. 3 The commissioner may also request reasonable and necessary 4 attorney fees. With the consent of the assigning employee, the 5 commissioner may also settle a claim on behalf of the assigning 6 employee. 7 3. Proceedings under this section that precede commencement 8 of a civil action shall be conducted informally without any 9 party having a right to be heard before the commissioner. The 10 commissioner may join various assignments in one claim for the 11 purpose of settling or litigating the assignees’ claims. 12 4. The provisions of subsections 1 and 2 shall not be 13 construed to prevent an employee from settling or bringing an 14 action for damages under section 91F.8 if the employee has not 15 assigned the claim under subsection 2. 16 5. Any recovery of attorney fees, in the case of actions 17 brought under this section by the commissioner, shall be 18 remitted by the commissioner to the treasurer of state for 19 deposit in the general fund of the state. The commissioner is 20 not required to pay any filing fee or other court costs. 21 Sec. 11. NEW SECTION . 91F.11 Confidentiality and 22 nondisclosure. 23 1. An employer shall not require disclosure of details 24 relating to domestic abuse, sexual abuse, stalking, or murder, 25 or of the details of an employee’s medical condition or that of 26 a family member as a condition of allowing sick and safe time 27 under this chapter. 28 2. If an employer possesses health information or 29 information pertaining to domestic abuse, sexual abuse, 30 stalking, or murder about an employee or an employee’s family 31 member, such information shall be treated as confidential and 32 not disclosed except to the affected employee or with the 33 written permission of the affected employee. 34 Sec. 12. NEW SECTION . 91F.12 Other sick and safe time 35 -10- LSB 5493HH (5) 86 je/nh 10/ 16

H.F. 2246 policies —— legal requirements. 1 1. Nothing in this chapter shall be construed to discourage 2 or prohibit an employer from the adoption or retention of 3 a sick and safe time policy that is more generous than the 4 minimum requirements of this chapter. 5 2. Nothing in this chapter shall be construed as diminishing 6 the obligation of an employer to comply with any contract, 7 collective bargaining agreement, employment benefit plan, or 8 other agreement that provides more generous sick and safe time 9 to an employee than the minimum requirements of this chapter. 10 3. Nothing in this chapter shall be construed as diminishing 11 the rights of public employees regarding sick and safe time or 12 the use of sick and safe time as provided by state law. 13 4. This chapter provides minimum requirements pertaining 14 to sick and safe time and shall not be construed to preempt, 15 limit, or otherwise affect the applicability of any other law, 16 regulation, requirement, policy, or standard that provides for 17 greater accrual or use by employees of sick and safe time or 18 that extends other protections to employees. 19 Sec. 13. NEW SECTION . 91F.13 Sick and safe time —— posting. 20 1. The commissioner shall create a poster and other 21 informational materials that may be used by an employer for 22 public display. The poster and other informational materials 23 shall contain all the information required in section 91F.7, 24 subsection 1. 25 2. An employer may apply to the commissioner for 26 authorization to display or distribute the poster and other 27 informational materials created by the commissioner. The 28 commissioner shall verify that an applicant offers at least 29 the minimum sick and safe time required by this chapter to all 30 employees in each establishment where the poster and other 31 informational materials will be displayed and is in compliance 32 with the requirements of this chapter. The commissioner shall 33 electronically transmit the poster and other informational 34 materials to any verified applicant. 35 -11- LSB 5493HH (5) 86 je/nh 11/ 16

H.F. 2246 Sec. 14. NEW SECTION . 91F.14 Rules. 1 The commissioner shall adopt rules pursuant to chapter 17A 2 to administer this chapter. 3 Sec. 15. Section 84A.5, subsection 4, Code 2016, is amended 4 to read as follows: 5 4. The division of labor services is responsible for the 6 administration of the laws of this state under chapters 88 , 7 88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 91F, 92 , 8 and 94A , and section 85.68 . The executive head of the division 9 is the labor commissioner, appointed pursuant to section 91.2 . 10 Sec. 16. Section 91.4, subsection 2, Code 2016, is amended 11 to read as follows: 12 2. The director of the department of workforce development, 13 in consultation with the labor commissioner, shall, at the 14 time provided by law, make an annual report to the governor 15 setting forth in appropriate form the business and expense of 16 the division of labor services for the preceding year, the 17 number of remedial actions taken under chapter 89A , the number 18 of disputes or violations processed by the division and the 19 disposition of the disputes or violations, and other matters 20 pertaining to the division which are of public interest, 21 together with recommendations for change or amendment of the 22 laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 89B , 23 90A , 91A , 91C , 91D , 91E , 91F, 92 , and 94A , and section 85.68 , 24 and the recommendations, if any, shall be transmitted by the 25 governor to the first general assembly in session after the 26 report is filed. 27 Sec. 17. APPLICABILITY. Notwithstanding the section of 28 this Act relating to applicability of this Act on or after 29 January 1, 2017, this Act does not apply to employees under a 30 contract or collective bargaining agreement that was in effect 31 before January 1, 2017. 32 Sec. 18. APPLICABILITY. This Act applies to all existing 33 employees on and after January 1, 2017, and to all new 34 employees hired on or after that date. 35 -12- LSB 5493HH (5) 86 je/nh 12/ 16

H.F. 2246 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill, entitled the “Healthy and Safe Family and 4 Workplace Act”, requires minimum paid sick and safe time for 5 all employees employed in the state in new Code chapter 91F. 6 The bill declares public policy of the state pertaining to the 7 bill. 8 The bill defines “sick and safe time” as time that is 9 compensated at the same hourly rate and with the same benefits, 10 including health care benefits, as the employee normally 11 earns during hours worked and is provided by an employer to 12 an employee for the purposes described in the bill. The bill 13 defines additional terms including “employee”, “employer”, and 14 “family member”. 15 The bill provides that all employees shall have the right to 16 accrue and use sick and safe time. The formula for accruing 17 sick and safe time is contained in the bill, and there are 18 limits for the amount of sick and safe time an employee may 19 accrue per year, unless the employer sets a higher limit. 20 The formula for accruing sick and safe time and the 21 limitations and exceptions are provided in new Code section 22 91F.4. Sick and safe time shall begin to accrue for new 23 employees hired on or after January 1, 2017, on the first 24 day of work and for existing employees on January 1, 2017. 25 Employees may use accrued sick and safe time starting the 30th 26 day of employment. Sick and safe time shall carry over one 27 year, but an employee shall not accrue more than 83 hours of 28 sick and safe time per year. 29 An employer who provides a leave policy that meets the 30 minimum accrual requirements and the same minimum uses and 31 conditions is deemed to be in compliance with the bill. The 32 bill does not require employees to be reimbursed for unused 33 sick and safe time upon separation from employment. However, 34 if an employee is moved or transferred within the company, the 35 -13- LSB 5493HH (5) 86 je/nh 13/ 16

H.F. 2246 employee shall retain and may use all accrued sick and safe 1 time. If there is an employment separation, but an employee 2 is rehired within six months, all accrued sick and safe time 3 shall be reinstated upon rehire and be available for immediate 4 use. An employer has the discretion to advance sick and safe 5 time to an employee. 6 The bill provides specific reasons for which employees may 7 use the sick and safe time in new Code section 91F.5. An 8 employee shall give reasonable notice to an employer when 9 use of sick and safe time is foreseeable and shall make a 10 reasonable effort to schedule the use of sick and safe time in 11 a manner that does not unduly disrupt the operations of the 12 employer. When an employee uses more than three consecutive 13 days of sick and safe time, an employer may require reasonable 14 documentation that the time used is covered as provided in 15 the bill. If an employer chooses to require documentation 16 from an employee for use of sick and safe time, the employer 17 is responsible for paying any costs charged to the employee 18 by a health care provider or other entity for providing the 19 specific documentation required by the employer. If the 20 employee has health insurance that covers any portion of the 21 costs of obtaining such documentation, the employer shall only 22 be responsible for paying costs that are not covered by the 23 employee’s health insurance. An employer shall not require an 24 employee to find a replacement worker in order to use sick and 25 safe time. 26 An employee’s rights under the bill, including the right 27 to use sick and safe time and to file a complaint against 28 an employer, and the prohibitions against an employer’s 29 retaliation against an employee exercising those rights, are 30 explained in new Code section 91F.6. 31 Employers are required to give employees notice of their 32 rights to sick and safe time as described in new Code section 33 91F.7, either by supplying each employee with a notice or 34 by posting such notice in an accessible and obvious place 35 -14- LSB 5493HH (5) 86 je/nh 14/ 16

H.F. 2246 where employees work. Violations of the notice and posting 1 requirements may result in a civil penalty of not more than 2 $100 for each offense. 3 An employee may recover the monetary value of owed sick 4 and safe time plus liquidated damages for the wrongful denial 5 of use of accrued sick and safe time if an employer is shown 6 to have intentionally violated the bill pursuant to new Code 7 section 91F.8. 8 An employer must retain records documenting hours worked 9 by each employee and the amount of leave, including sick and 10 safe time, taken by employees for five years. The labor 11 commissioner shall have reasonable access to these records. If 12 a question arises about an employee’s right to sick and safe 13 time and an employer does not have adequate records or does not 14 allow the commissioner to examine the employer’s records, the 15 commissioner shall presume that the employer has violated the 16 bill. 17 Pursuant to new Code section 91F.10, an employee may submit 18 a written complaint to the commissioner, who will determine 19 whether to investigate the claim that an employer has violated 20 any provision of new Code chapter 91F. If the commissioner 21 decides to investigate, the commissioner shall commence a civil 22 action against the employer. 23 An employer shall not require an employee to disclose 24 details relating to domestic abuse, sexual abuse, stalking, 25 murder, or a medical condition as a condition of using sick and 26 safe time. An employer who has such information shall treat 27 the information as confidential and not disclose it without 28 written consent of the affected employee, according to new Code 29 section 91F.11. 30 The bill provides that the new Code chapter does not prohibit 31 an employer from providing a more generous sick and safe 32 time policy than required by the bill, does not diminish an 33 employer’s previous contractual obligations for more generous 34 sick and safe time, and does not diminish public employees’ 35 -15- LSB 5493HH (5) 86 je/nh 15/ 16

H.F. 2246 other rights to sick and safe time as provided by law. 1 The commissioner is required to create a poster and other 2 informational materials which an employer may use for public 3 display. The poster and other informational materials must 4 comply with the notice requirements for sick and safe time 5 provided in the bill. The commissioner is to make the poster 6 and other informational materials available to an employer upon 7 verification of compliance with the bill. 8 The bill applies to all existing employees on and after 9 January 1, 2017, and to all new hires on or after that date, 10 but does not apply to employees under contracts or collective 11 bargaining agreements in effect before January 1, 2017. 12 -16- LSB 5493HH (5) 86 je/nh 16/ 16